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HomeMy WebLinkAbout20191205_Resoution_PC2019-038Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL January 27, 2020 DJM Capital Partners, Inc. Attn: Kristofer Golder 3434 Via Lido #200 Newport Beach, CA 92663 Subject: Minor Use Permit No. UP2019-052 (PA2019-057) 3424 Via Oporto, Suite 103 Malibu Farm Minor Use Permit Dear Mr. Golder, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Planning Commission on December 5, 2019 and effective on December 20, 2019. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, Liz Westmoreland, Associate Planner law RESOLUTION NO. PC2019-038 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR USE PERMIT NO. UP2019-022 TO EXPAND AN EXISTING FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT WITH A TYPE 47 (ON-SALE GENERAL FOR BONA FIDE PUBLIC EATING PLACE) ALCHOLIC BEVERAGE CONTROL (ABC) LICENSE AND OUTDOOR DINING WITH NO LATE HOURS LOCATED AT 3416, 3420, AND 3424 VIA OPORTO (PA2019-057) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Malibu Farm Lido ("Applicant"), with respect to property located at 3416, 3420, and 3424 Via Oporto, and legally described as Parcel 1 of Parcel Map 59- 17 ("Property"), requesting approval of a minor use permit. 2. The Applicant seeks a minor use permit to expand an existing food service, eating and drinking establishment with a Type 47 (On-Sale General for Bona Fide Public Eating Place) Alcoholic Beverage Control ("ABC") license ("Project"). The existing restaurant is located at 3420 Via Oporto and includes indoor and outdoor areas. The restaurant also operates an existing 624-square-foot, take-out only ice cream and coffee shop located at 3416 Via Oporto. The proposed expansion would convert the existing Malibu Farm retail store at 3424 Via Oporto into additional restaurant space. In total, the restaurant will include 3,558 gross square feet of indoor space, 998 gross square feet of outdoor space, and 2,722 square feet of net public area (NPA). No late hours (after 11 p.m.) are proposed. 3. The Property is located within the Mixed Use Water Related (MU-W2) Zoning District and the General Plan Land Use Element category is Mixed Use Water Related (MU-W2). 4. The Property is located within the Coastal Zone. The Coastal Land Use Plan category is Mixed Use Water Related (MU-W) and it is located within the Mixed Use Water Related (MU-W2) Coastal Zoning District. The Project is exempt from coastal development permitting requirements because there is no increase in floor area or building height proposed. New restaurant uses and conversions (as well as the associated parking requirements) were authorized under Conditional Use Permit No. UP2017-019, which included a parking management plan for Lido Marina Village. Thus, there would be no intensification of use. 5. A public hearing was held on December 5, 2019 in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 20.62 of the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. Planning Commission Resolution No. PC2019-038 Page 2 of 15 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Class 1 (Existing Facilities) exemption includes the operation, repair, maintenance , permitting, leasing, licensing, or minor alteration of public or private structure, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use . The Project involves the interior alteration of and existing commercial building and operation of a restaurant. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48 .030(C)(3) of the NBMC (Alcohol Sales, Permit Requirements) and Section 20.52.020(F) of the NBMC (Conditional Use Permits and Minor Use Permits, Findings and Decision), the following findings and facts in support of such findings are set forth: Finding A. The use is consistent with the purpose and intent of NBMC Section 20.48. 030 (Alcohol Sales). Facts in Support of Finding In finding that the Project is consistent with Section 20.48.030 of the NBMC, the following criteria must be considered: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 1. The Property is located in Reporting District 15 (RD 15). The Part One Crimes (Part One Crimes are the eight most serious crimes defined by the FBI Uniform Crime Report - homicide , rape, robbery, aggravated assault, burglary, larceny-theft, auto theft, and arson) crime rate in RD 15 was 706 crimes reported in 2018, which is higher than adjacent reporting districts RD 11, RD 13, and RD 16 and the Citywide average . The higher crime rate is largely due to the number of visitors to the Balboa Peninsula, the high concentration of restaurants, and the high ratio of non-residential to residential uses . While the area does have a high concentration of alcohol licenses , the findings can be made despite higher concentrations of crimes and Lido Marina Village was designed to accommodate restaurants . The service of alcoholic beverages would provide additional menu options for customers and would enhance the economic viability of the business . Planning Commission Resolution No. PC2019-038 Page 3 of 15 2. The Police Department has reviewed the Project, provided operating conditions of approval , and has no objection to the expansion of the Type 47 alcoholic beverage license subject to appropriate conditions of approval. The operation of the establishment includes the approved floor plan and a closing hour of 11 p.m. 11 . The number of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. The total number of alcohol-related calls for service, crimes , or arrests in RD 15 is higher than RD 11 , RD 13 and 16 . There were five (5) dispatch events for the Property in 2018 . Only one (1) was clearly related to the business wherein guests refused to leave the establishment and management asked for police assistance . The Police Department has reviewed the Project and has no objection. iii. The proximity of the establishment to residential zoning districts , day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. 1. The Property is located in a mixed-use district where residential development is permitted above the first floor . However, Lido Marina Village does not include any residential development and there are no current plans to add residential use to the shopping area . 2. The nearest place of recreation, the beach, is located approximately one half (0 .5) mile to the west. The nearest church, St. James Episcopal Church , is located approximately 500 feet to the south of the Property along Via Lido, and substantially separated from the Property by commercial properties and the Lido Villas development. The nearest school , Newport Elementary School, is located approximately one (1) mile to the southeast along West Balboa Boulevard . The Property is not located in close proximity to a daycare center . The Project is otherwise surrounded by other commercial retail and office uses. The existing restaurant has been in operation for more than one (1) year and has not created nuisances to neighboring uses . 3 . The Balboa Peninsula is generally characterized by a high number of visitors , in which commercial and residential zoning districts are located in close proximity to one another. This location in Lido Marina Village has greater distance from sensitive land uses than other commercial areas. 4 . Eating and drinking establishments with alcohol service are common in Lido Marina Village and the expansion of the existing ABC license in conjunction with an early closing hour is not anticipated to alter the operational characteristics of the use such that it becomes detrimental to the area . The draft resolution includes conditions of approval to further minimize negative impacts to surrounding land uses and ensure that the use remains compatible with the surrounding community . Planning Commission Resolution No. PC2019-038 Page 4 of 15 iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption. 1. The Lido Marina Village was designed to accommodate multiple restaurants and the expanded restaurant is expected to be located in close proximity to other food service establishments. This includes Nobu, a food service with late hours, outdoor dining, and a Type 47 (On Sale General) ABC license located at 3450 Via Oporto; Circle Hook, a food service with outdoor dining, a Type 41 (On Sale Beer and Wine) ABC license and no late hours located at 3432 Via Oporto; and Lido Bottle Works, a food service with late hours, outdoor dinner, a Type 41 ABC license, and a Type 20 (Off Sale Beer and Wine) ABC license. The RD 15 statistics indicate an overconcentration of ABC licenses within this statistical area. 2. The per capita ratio of one (1) license for every 64 residents is higher than the adjacent districts and the average ratio for Orange County. This is due to the higher concentration of commercial land uses, ABC licenses attributed to adjacent marina operations, lower number of residential properties, and high number of restaurants in Lido Marina Village, Cannery Village, and McFadden Square. While the license-to-resident ratio is higher than average, and the proposed expansion is located in close proximity to other establishments, the location in Lido Marina Village (an established commercial area), together with the proposed operational characteristics would make the service of alcoholic beverages acceptable. The Police Department does not anticipate any increase in crime or alcohol-related incidents with the approval of this application subject to the proposed conditions of approval. v. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. No objectionable conditions are presently occurring at the restaurant or retail site. 2. The Project has been reviewed and conditioned to help ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the NBMC is maintained and that a healthy environment for residents and businesses is preserved. The service of alcohol is intended for the convenience of customers dining at the establishment. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol-related impacts. 3. The hours of operation of the establishment will minimize the potential effects on land use. The establishment closes by 10 p.m., Monday through Thursday; and by 11 p.m., Friday through Sunday; which will ensure the use does not become a late night bar, tavern, or nightclub. 4. The resolution includes conditions of approval to limit objectionable conditions related to noise and trash from the establishment. All employees serving alcohol will be required to complete a certified training program in responsible methods and skills for selling alcoholic beverages, as required by the State of California. Finding Planning Commission Resolution No. PC2019-038 Page 5 of 15 B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding 1. The Mixed-Use Water Related (MU-W2) General Plan and Coastal Land Use Plan land use designations apply to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial, and residential dwelling units on the upper floors. Although the Property and surrounding development do not include residential uses, the Project is consistent with the visitor-serving land uses intended for the Mixed-Use Water Related (MU-W2) land use designation. 2. The Property is located within the Coastal Zone and is adjacent to the Bay and a public boardwalk. The Project complies with the Local Coastal Program Implementation Plan and prior approvals for the Property such as the Parking Management Plan (PA2017- 035). The Project will continue to provide public access via a public walkway along the waterfront with a six (6)-foot minimum width along the bay. The existing outdoor dining patio is compatible with the goals established for Lido Marina Village. For example, Land Use Goal 6.9 (Lido Village) of the General Plan emphasizes the need for a "pedestrian- oriented village environment that reflects its waterfront location, providing a mix of uses that serve visitors and local residents." The existing outdoor dining patio provides an amenity for coastal visitors to enjoy the bay frontage. Under existing conditions, there is a railing that leads to the marina between the existing and proposed restaurant spaces. The railing impedes access between the suites and creates the appearance that the boardwalk terminates by creating a "pinch point" or "bottleneck." A condition of approval has been applied prohibiting expansion of the outdoor dining for the expanded restaurant area at 3424 Via Oporto unless the dock railing can be removed or replaced to the satisfaction of the Community Development Director. 3. The Circulation Element Goal 7.1 (Parking) of the General Plan is to ensure an adequate supply of convenient parking is available throughout the City. Analysis provided by the Lido Marina Village Parking Demand Analysis and in accordance with the approved Parking Management Program (Conditional Use Permit No. UP2014-014) demonstrates that an adequate supply of parking will be provided based upon the shared use of parking within Lido Marina Village. The Project complies with the assumptions identified in UP2014-014 for anticipated restaurant build-out of Lido Marina Village and no additional parking waivers are required. 4. The Property is not part of a specific plan area. Finding C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding Planning Commission Resolution No. PC2019-038 Page 6 of 15 1. The Mixed Use Water Related (MU-W2) Zoning District applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial, and residential dwelling units on the upper floors. Eating and drinking establishments with alcohol and no late hours require the approval of a minor use permit within the Mixed-Use Water Related (MU-W2) Zoning District. 2. Section 20.48.090(F)(3)(b) (Eating and Drinking Establishments, Outdoor Dining) of the NBMC also requires that the review authority consider the relationship of outdoor dining to sensitive noise receptors. The outdoor dining area will close by 10 p.m. (Monday through Thursday) and 11 p.m. (Friday through Sunday) in order to minimize noise impacts to residents located across Newport Harbor. 3. The Project is consistent with the Lido Marina Village Parking Management Program authorized under Conditional Use Permit No. UP2014-014. 4. As conditioned, the Project will comply with NBMC standards for eating and drinking establishments. 5. The eating and drinking establishment is consistent with the Lido Marina Village Design Guidelines. The renovation of the existing tenant space will support local establishments within Lido Marina Village and improve the pedestrian streetscape. Finding 0. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding 1. The kitchen, main dining area, outdoor dining area, and ice cream/coffee shop are existing and would not be modified as part of the Project. The Project includes the conversion of the existing Malibu Farm retail store to an additional seating area, and no new kitchen facilities would be constructed. The expansion area would be intended for dining only, with a small back of house area for a potential cashier and beverage preparation area. Restrooms for the restaurant and take-out service suites will be shared. The existing infrastructure is adequate to accommodate the eating and drinking establishment and a detailed plumbing fixture analysis is required as a condition of approval. The existing location has proven to be compatible with other commercial uses in the area and serves as a key restaurant anchor within Lido Marina Village. The expanded suite is adjacent to the existing restaurant and would operate similarly. The eating and drinking establishment also serves as an important visitor-serving use that benefits the area, which is in furtherance of the City's Coastal Land Use Plan and the Coastal Act codified in California Public Resources Code Section 30000 et seq. 2. The Property is located in a relatively dense commercial village area with multiple uses within a short distance of each other. Lido Marina Village is conducive to a significant amount of walk-in patrons. No on-site parking is available for the Property but adequate Planning Commission Resolution No. PC2019-038 Page 7 of 15 parking is provided in the Lido Marina Village parking structure and adjacent street as authorized under the approved Parking Management Program for Lido Marina Village (Conditional Use Permit No. UP2014-014). 3. The operational conditions of approval will promote compatibility with the surrounding uses. The floor plan provides tables and counter areas to accommodate seats and a dining atmosphere. There is no live entertainment or dance floor. The Applicant is required to maintain substantial conformance with the approved floor plan in conjunction with a Type 47 (On Sale General for Bona Fide Public Eating Place) ABC license so that the restaurant's primary use is an eating and drinking establishment and not a bar, lounge, or night club. 4. The Project is located within an existing commercial building that will not necessitate high levels of lighting or illumination. All outdoor lighting must conform to Section 20.30.070 (Outdoor Lighting) of the NBMC. Finding E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding 1. The Project is located within an existing commercial building. The design, size, location, and operating characteristics of the use are compatible with the surrounding Lido Marina Village development. The proposed restaurant is consistent with the surrounding restaurant, retail, and office uses in the development. 2. Adequate public and emergency vehicle access from Via Oporto and Central Avenue from Via Lido, public services, and utilities are provided for on-site. 3. The design of the tenant improvements will comply with all Building, Public Works, and Fire Codes, and will be approved by the Orange County Health Department. Finding F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding 1. The tenant improvements to the existing commercial building should have a positive impact on the area and may promote further revitalization of commercial properties located in Lido Planning Commission Resolution No. PC2019-038 Page 8 of 15 Marina Village. The eating and drinking establishment will serve the surrounding community. 2. The Project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. Turning patio music off at 10 p.m. will ensure the restaurant will remain in compliance with Chapter 10.26 (Community Noise Control) of the NBMC. 3. The hours of operation reduce impacts to surrounding land uses, and sufficient parking is available in the area to accommodate the eating and drinking establishment. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the restaurant facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots of the restaurant, during business hours, if directly related to the patrons of the establishment. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds the Project is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Planning Commission of the City of Newport Beach hereby approves Minor Use Permit No. UP2019-022 subject to the conditions set forth in Exhibit "A," which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 4. This resolution supersedes Planning Commission Resolution No. 2072, which upon vesting of the rights authorized by this Minor Use Permit No. UP2017-026 shall become null and void. Planning Commission Resolution No. PC2019 -038 Page 9 of 15 PASSED, APPROVED, AND ADOPTED THIS 5TH DAY OF DECEMBER, 2019. AYES : Ellmore , Koetting, Lowrey, Rosene , Weigand NOES : ABSTAIN : ABSENT: Klaustermeier, Kleiman B PLANNING DIVISION Planning Commission Resolution No. PC2019-038 Page 10 of 15 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The proposed 132 square foot outdoor patio may be permitted provided the existing dock railing impediment within the 6-foot easement is removed or relocated to the satisfaction of the Director. 3. The six (6)-foot pedestrian easement shall remain open and clear of any obstructions. 4. The hours of operation for the restaurant (interior and exterior) shall be limited to Monday through Thursday, 9 a.m. to 10 p.m., and Friday through Sunday, 9 a.m. to 11 p.m. 5. The "net public area" shall not exceed 1,724 square feet for the interior of the subject restaurant facility. 6. The outdoor dining shall be used only in conjunction with the related adjacent establishment. 7. The height of the boundary wall of the outdoor dining area shall be marked on the approved plans. Fences, walls, or similar boundaries shall serve only to define the outdoor dining area and not constitute a permanent all weather enclosure. 8. There shall be no dancing allowed on the premises. 9. Live entertainment shall not be permitted unless an amendment to this Use Permit is approved and the operator has obtained a live entertainment permit from the Revenue Division. 10. The installation of roof coverings shall not have the effect of creating a permanent enclosure of the outdoor dining area. The use of umbrellas for shade purposes shall be permitted. The use of any other type of overhead covering shall be subject to review and approval by the Community Development Director and may require an amendment to this Use Permit. 11. Full meal service shall be provided during all hours of operation. 12. All exits shall remain free of obstructions and available for ingress and egress at all times. 13. A covered wash-out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36 inches wide, 36 inches deep and 72 inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise Planning Commission Resolution No. PC2019-038 Page 11 of 15 approved by the Building Director and Public Works Director in conjunction with the approval of an alternate drainage plan. 14. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 15. The Use Permit is for the operation of an Eating and Drinking Establishment or restaurant and does not authorize the use or operation of a bar, tavern, cocktail lounge, nightclub or commercial recreational entertainment venue. 16. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 17. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 18. A copy of the Resolution including conditions of approval Exhibit "A," shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 19. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code ("NBMC"). 20. No temporary "sandwich" signs shall be permitted, either on-site or off-site, to advertise the restaurant facility. Temporary signs shall be prohibited in the public right-of-way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 21. Minor Use Permit No. UP2019-022 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the NBMC, unless an extension is otherwise granted. 22. This Use Permit may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 23. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 24. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. Planning Commission Resolution No. PC2019-038 Page 12 of 15 25. The Property shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 26. Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 27. The operator of the restaurant facility shall be responsible for the control of noise generated by the Project including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the NBMC and other applicable noise control requirements of the NBMC. Pre-recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. The noise generated by the Project shall comply with the provisions of Chapter 10.26 of the NBMC. The maximum noise shall be limited to no more than depicted below for the specified time period unless the ambient noise level is higher: Between the hours of 7 a.m. and Between the hours of 10 p.m. 10 p.m. and 7:00 a.m. Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 45dBA 60dBA 45dBA 50dBA 100 feet of a commercial property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 28. Construction activities shall comply with Section 10.28.040 of the NBMC, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday, and 8 a.m. and 6 p.m. on Saturday. Noise-generating construction activities are not allowed on Saturdays, Sundays, or Holidays. 29. An outdoor sound system shall be permitted within the outdoor dining areas for music played at a background level. Music on the outdoor dining patios shall be turned off at 10 p.m. daily. Sound shall adhere to Chapter 10.26 of the NBMC. 30. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the NBMC, Community Noise Control. 31. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. Planning Commission Resolution No. PC2019-038 Page 13 of 15 The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 32. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 33. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 34. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 35. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 36. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the NBMC to require such permits. 37. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the NBMC. 38. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Malibu Farm Restaurant Expansion including, but not limited to, Minor Use Permit No. UP2019-022 (PA2019-057). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. FIRE DEPARTMENT Planning Commission Resolution No . PC2019-038 Page 14 of 15 39 . A hood fire suppression system will be required for cooking operations that produce grease-laden vapors . BUILDING DIVISION 40 . The Applicant is required to obtain all applicable permits from the City 's Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 41 . Prior to building permit issuance, plans shall be updated to include details pertaining to an accessible path of travel to indoor and outdoor areas. 42. Prior to permit issuance , a complete plumbing fixture analysis shall be provided and approved by the Building Division. POLICE DEPARTMENT 43 . All customers must vacate the establishment 30 minutes after closing. 44 . The approval is for an eating and drinking establishment with on-sale alcoholic beverage service . The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be Type 47 (On-Sale General for Bona Fide Public Eating Place) license, in conjunction with the restaurant as the principal use of the restaurant facility. 45. All owners , managers , and employees must abide by all requirements and conditions of the Alcoholic Beverage License . 46 . Approval does not permit the premises to operate as a bar, tavern , cocktail lounge or nightclub as defined by the NBMC. 47 . No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 48 . No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed . 49 . There shall be no reduced price alcoholic beverage promotions after 9 p .m . 50 . No off-sales of alcohol shall be permitted . Planning Commission Resolution No . PC2019-038 Page 15 of 15 51 . The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the sale period . The licensee shall at all times maintain records , which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business . These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand . 52. There shall be no exterior advertising or signs of any kind of type , including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 53 . "VIP" passes or other passes to enter the establishment , as well as door charges, cover charges, or any other form of admission charge, including minimum drink order of the sale of drinks is prohibited (excluding charges for prix fixe meals). 54 . Any event or activity staged by an outside promotor or entity, where Applicant, operator, owner or his employees or representatives share in any profits , or pay any percentage or commission to a promotor or any other person based upon money collected as a door charge, cover charge or any other form of admission charge is prohibited. 55 . There shall be no on-site radio, television , video, film, or other electronic media broadcasts, including recordings to be broad casted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach . 56 . The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City. 57 . All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages within 60 days of hire. This training shall be updated every 3 years regardless of certificate expiration date. The certified program must meet the standards of the certifying/licensing body designated by the State of California . The establishment shall comply with the requirements of this section within 60 days of approval. Records of each owner's, manager's, and employee 's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 58 . Strict adherence to maximum occupancy limits is required . 59 . Applicant shall maintain a security recording system with a 30-day retention and make those recordings available to police upon request. 60 . The Applicant shall comply with all federal , state , and local laws , and all conditions of the Alcoholic Beverage License . Material violation of any of those laws or conditions in connection with the use is a violation and may be cause for revocation of the Use Permit.